Mitigating Bias: A Focus On Clients With Capacity Concerns

This program will provide practice tips for learning to recognize and mitigate bias when it appears during the representation of clients with diminished capacity or other capacity concerns.

Capacity in General – Recognizing Bias         

• What is Capacity
• Levels of Capacity
• Assessing Capacity  

Capacity for Various Legal Documents                            

• Last Will and Testament
• Power of Attorney
• Health Care Proxy

Diminished Capacity and Attorney-Client Relationship                 

• New York Rules of Professional Conduct Rule 1.14
• Capacity to Retain an Attorney 
• Attorney Obligations when Diminished Capacity is present
• How to Mitigate bias against persons with diminished capacity